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The Zimbabwe Lawyers for Human Rights (ZLHR) are worried about the ongoing “repression” and “mistreatment” of students in Zimbabwe. They are urging the government to ensure that students can exercise their fundamental right to academic freedom and other associated rights. In a statement reported by Pindula News, the lawyers are calling on the government and university authorities to allow students to freely elect their representatives without any interference or influence from the authorities. Read the statement:
<blockquote>
<h3>ZLHR CONDEMNS REPRESSION AND PERSECUTION OF STUDENTS</h3>
ZIMBABWE Lawyers for Human Rights (ZLHR) is concerned by the systematic repression and persecution of students in Zimbabwe and calls upon government to allow them to enjoy their fundamental right to academic freedom and associated rights.
In recent years and months, ZLHR has noted several incidents and cases, where students particularly those at universities and other tertiary institutions have been targeted and this has at times seen students being arrested, detained, assaulted, tortured and prosecuted. 
The targeting of students is meant to constrain students from organising and to neutralise their participation in politics and in the governance affairs of their communities and country.
In addition, authorities have attempted to weaken learners’ participation in the activities of students representative bodies and barring them from contesting as candidates in elections to choose leaders of student representative councils.
All this assault and violation of students rights and freedoms have been taking place despite the important role, which tertiary and university students play as social and political activists.
Student activists in their capacity as human rights defenders, and as members of academic communities, should be protected from any violations of their rights.
Section 75 of the Constitution emphasises the sanctity of the right to education while section 61 of the Constitution guarantees freedom of expression, which includes academic freedom.
According to the Universal Declaration of Human Rights, the right to freedom of expression and opinion and the right to freedom of peaceful assembly and association are considered key to student participation and the flourishing of activism in both social and political processes. 
These rights including academic freedom are also protected by the International Covenant on Civil and Political Rights, which is a binding document, and the Zimbabwean government, as a signatory to the Covenant, has a responsibility to uphold these rights.
In addition, as human rights defenders, students are also protected by the safeguards contained in the provisions of the United Nations Declaration on Human Rights Defenders.
As such, ZLHR calls upon government and university and tertiary authorities to;
• Cease the arrest, detention, harassment, victimisation, assault and the needless prosecution of students under unscrupulous and frivolous charges;
• Allow students to elect representatives of their choice without any form of interference from the authorities;
• Immediately cease the use of violence upon students and thus play a role in fostering a culture of non-violence in Zimbabwe;
• Respect, protect and promote the rights of students and safeguard them as human rights defenders;
• Acknowledge, appreciate and respect the rights of students to freely express themselves in all matters that affect them and allow them to exercise and enjoy their right to academic freedom and thus immediately cease impeding these fundamental rights.
</blockquote>
In Zimbabwe, student politics often reflect national politics because political parties provide funding to students to influence their decisions. There are two major student unions: the <a href="https://www.pindula.co.zw/ZICOSU/">Zimbabwe Congress of Students Union (ZICOSU)</a>, which is aligned with the ruling ZANU PF party, and the <a href="https://www.pindula.co.zw/Zimbabwe_National_Students_Union/">Zimbabwe National Students Union (ZINASU)</a>, which is connected to the opposition. These unions play a significant role in shaping the political landscape on campuses and advocating for the interests of students.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Pindula News

Human Rights Lawyers Worried About "Repression" And "Mistreatment" Of Students In Zimbabwe

Human rights lawyers are calling for the government and local authorities to be held responsible for the deaths caused by the spreading cholera outbreak in Zimbabwe. The Zimbabwe Lawyers for Human Rights (ZLHR) have accused the authorities of neglecting their responsibilities in handling the outbreak. This is the third cholera outbreak in the country this year, with cases reported in all ten provinces. Since February 2023, there have been 200 cholera-related deaths and 130 hospitalizations.
The ZLHR stated that the ongoing cholera outbreak is a clear indication of the devastating consequences of failing to provide basic necessities to the people, and the government must act quickly to protect lives. The lawyers said:
<blockquote>
ZLHR CONDEMNS CHOLERA DEATHS AND FAILURE TO CONTAIN RECURRENT OUTBREAKS
ZIMBABWE Lawyers for Human Rights (ZLHR) implores central government and local authorities to contain the outbreak and spread of cholera in Zimbabwe, which has led to the unnecessary deaths of several people across the country. According to Ministry of Health and Child Care, more than 200 people are suspected to have fallen victim to the cholera outbreak in several parts of the country, while more than 130 people have been hospitalised since February 2023, when the first cases were publicly confirmed.
ZLHR is saddened that the ongoing deaths owing to cholera, which is a medieval disease, are a result of dereliction of duty by public officials and have brought desolation to the affected families and communities and the nation at large. It is extremely worrying that such a medieval and preventable disease continues to daim precious lives in Zimbabwe, 15 years after the country was afflicted by a deadly cholera outbreak, which was eradicated centuries ago in some countries. It is an indictment on both local and central government that Zimbabwe is still stalked by a medieval disease such as cholera. ZLHR holds both local and central government accountable for the recurrent cholera outbreaks and the unwarranted deaths of people because of their failure to invest in and manage basic water, sanitation infrastructure and public health facilities. The failure by central and local government to swiftly respond to the cholera epidemic through providing basic health services, medical treatment and services, clean running water and sanitary facilities to people, is an unacceptable failure of leadership and represents a clear failure by local authorities and government to uphold their constitutional obligations as provided in the Constitution and other regional and international instruments.
To arrest the cholera epidemic and prevent recurrent outbreaks of the primitive disease, ZLHR implores local and central government to;
Urgently take corrective measures to prevent further deaths from cholera, contain the epidemic, and prevent further outbreaks;
Provide clean running water and sanitary environs to all affected communities and others at risk of infection to halt the spread of the deadly disease;
Urgently provide all affected people with rapid free medical assistance and treatment;
Increase budget allocation on water, sanitation and hygiene to achieve 15% allocation to health as provided in the Abuja Declaration to enhance the quality of life of citizens;
Seriously embrace their social and economic rights obligations provided in the Constitution and guarantee progressive realisation of the right to healthcare, the right to safe, clean and potable water for everyone and the right to a clean environment that is not harmful to people’s health or their well-being.
</blockquote>
The World Health Organization (WHO) has intervened by setting up cholera treatment centres throughout the country. The WHO aims to improve access to critical care and prevent further deaths and the spread of the disease in vulnerable communities. The WHO representative to Zimbabwe, Jean-Marie Dangou, emphasized the importance of upgrading treatment centres to provide timely and effective care for cholera patients in rural areas. Jean-Marie Dangou added:
<blockquote>
By expanding treatment capacity, improving hygiene and equipping healthcare workers, we can save lives and contain the outbreak.
</blockquote>
To prevent the spread of cholera, the government of Zimbabwe has imposed a ban on gatherings in areas where the disease is common. The Health and Child Care Minister, Douglas Mombeshora, emphasized the importance of involving the community to effectively combat the outbreak. He said the government received equipment from the World Health Organization (WHO) and plans to distribute it to the areas most in need.
Cholera is a disease that spreads through contaminated water and food, causing severe diarrhoea and vomiting. Unfortunately, it has become prevalent in Zimbabwe. The ban on gatherings is one measure to control the disease, but the lack of access to safe drinking water remains a concern. In certain parts of the capital city, Harare, borehole water has been deemed unsafe for drinking.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Rights Lawyers Say Government And Local Authorities Responsible For Cholera Deaths

Rights groups in Zimbabwe have expressed concern over the recent arrests of two human rights lawyers, Douglas Coltart and Tapiwa Muchineripi, on Monday night. They were arrested after requesting that the police refrain from interviewing their clients, who were hospitalized. The clients, Womberaishe Nhende and Sonele Mukhuhlani, opposition activists from Citizens Coalition for Change, claimed to have been abducted, tortured, and drugged on Saturday by individuals they believed to be state agents. The arrests have raised alarm about the protection of human rights and the treatment of activists in Zimbabwe.
Jeremiah Bamu, a representative of Zimbabwe Lawyers for Human Rights, told reporters outside Harare Magistrates Court on September 5, 2023, that the arrests were a clear assault on the legal profession’s independence. He said:
<blockquote>
Their arrest amounts to criminalization of their profession. All they did was to convey advice that they had received from medical personnel about the medical condition of their clients and their ability to withstand police interviews. And because of that simple conveyance of information and representation of their clients, they have been arrested, and they are now placed on remand.
That is a direct attack on the independence of the profession and is a move that is calculated at making lawyers fail to exercise their functions.
</blockquote>
Bamu stated that Coltart and Muchineripi, who were granted $100 bail each, will return to court on October 20 to assess the validity of the charges brought against them, which involve obstructing or impeding the course of justice.
Lucia Masuka, the executive director of Amnesty International in Zimbabwe, emphasised that individuals should not face prosecution solely for exercising their human rights, including the right to provide legal representation for those who have been arrested. Masuka said:
<blockquote>
Everyone, regardless of their political affiliation, should be able to freely participate in peaceful activism without fear of abduction or harm. The Zimbabwean authorities must immediately stop issuing inflammatory statements that could incite attacks against political activists, human rights defenders and other people.
</blockquote>
Masuka further stated that it is crucial for authorities to guarantee a peaceful environment after elections by fully respecting, protecting, and ensuring the rights to freedom of peaceful assembly, association, and expression.
The arrest of the lawyers took place on the same day that President Emmerson Mnangagwa was inaugurated for his second term, pledging to uphold the constitution. Mnangagwa expressed his commitment to democracy, good governance, the rule of law, and political tolerance under his leadership and the new ZANU PF government. However, the Zimbabwean government has faced persistent accusations of intolerance and disregard for the rule of law since the country gained independence in 1980.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Human Rights Groups Express Concern Over The Arrest Of Douglas Coltart And Tapiwa Muchineripi

Zimbabwe Lawyers for Human Rights (ZLHR) have expressed their concern regarding the recent arrest of two human rights lawyers, Tapiwa Muchineripi and Douglas Coltart. The arrests took place on September 4th, 2023, and the lawyers have been charged with allegedly obstructing or impeding the course of justice while carrying out their professional duties.
The lawyers were accused of preventing certain officers from the Zimbabwe Republic Police (ZRP) from conducting interviews with Womberailshe Nhende, the Councillor-Elect for Ward 26 in Glen Norah suburb in Harare, and Sanele Mukhuhlani, who are believed to be victims of kidnapping and Malicious Damage to Property. These individuals were receiving medical treatment at a local healthcare facility. Read the statement:
<blockquote>
<h3>ZLHR CONDEMNS ARREST OF HUMAN RIGHTS LAWYERS</h3>
ZIMBABWE Lawyers for Human Rights (ZLHR) is extremely concerned about the arrest of legal practitioners waged by Zimbabwean authorities, who arrested two human rights lawyers and charged them for allegedly defeating or obstructing the course of justice, while executing their professional duties. 
Zimbabwe Republic Police (ZRP) officers on Monday 4 September 2023 arrested Tapiwa Muchineripi and Douglas Coltart, who are members of Zimbabwe Lawyers for Human Rights, and charged them with defeating or obstructing the course of justice as defined in section 184 of the Criminal Law (Codification and Reform) Act. 
ZRP officers alleged that Muchineripi and Coltart obstructed some ZRP officers from having access to interview Womberailshe Nhende, the Councillor-Elect for Ward 26 in Glen Norah suburb in Harare and Sanele Mukhuhlani, who are victims of suspected kidnapping and Malicious Damage to Property, who were admitted at a local medical facility. 
ZLHR strongly condemns the persecution of Muchineripi and Coltart, and view this as a deliberate and coordinated effort by ZRP officers to impede legal practitioners from undertaking their professional duties. This conduct by ZRP officers is a clear departure from the Constitution, which enshrines the right of citizens to be represented by legal practitioners of their choice and the right by lawyers to practice their trade.
ZLHR believes that this gross encroachment by ZRP officers has the effect of undermining the rule of law and is aimed at creating a climate of fear among legal practitioners representing perceived opponents of the state.
ZLHR recalls the United Nations (UN) Basic Principles on the Role of Lawyers which requires governments to ensure that lawyers are able to perform their professional functions without improper interference.
The actions of ZRP officers violate the fundamental guarantee, contained in the United Nations Basic Principles on the Role of Lawyers which provide that lawyers shall not be identified with their clients or their clients’ causes.
The United Nations Basic Principles on the Role of Lawyers require Zimbabwean authorities to ensure that lawyers should perform their professional functions without harassment, intimidation, hindrance, interference and should not be subjected to or threatened with prosecution or administrative, economic or other sanctions for merely performing their professional tasks. 
While discharging their legibmate exercise of their noble profession, lawyers must be considered as officers of the court and aides to the administration of justice, who should be entitled to due courtesy and respect. Subjecting legal practitioners to arrests, detention, and prosecuting them ironically on charges of obstruction of justice shows how Is enforcement agents have disregarded the role of lawyers in the administration of justice.
Therefore, ZLHR calls upon Zimbabwean authorities to:
• Enable lawyers to carry out their professional duties safely and independently, and protect them against intimidation, threats and reprisals;
• Take all necessary measures to guarantee the physical safety and security of legal practitioners; 
• Cease all acts of harassment against legal practitioners. 
• Guarantee in all circumstances that legal practitioners will be able to carry out their legitimate professional duties without fear of being arrested.
</blockquote>
Yesterday, ZLHR lawyer Alec Muchadehama successfully secured the release of the two lawyers. Harare Magistrate Dennis Mangosi granted them bail of USD100 and instructed them to report to the Law and Order section at Harare Central Police Station once a week.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

ZLHR Concerned About Arrest Of Human Rights Lawyers Tapiwa Muchineripi And Douglas Coltart

The Zimbabwe Lawyers for Human Rights (ZLHR) has urged the government to criminalise abductions and enforced disappearances in accordance with the country’s constitution. On the occasion of the International Day of the Victims of Enforced Disappearances, the human rights organization emphasized the need for the government to ratify the United Nations International Convention for the Protection of All Persons from Enforced Disappearance. ZHLR said:
<blockquote>
While in Section 53, the Constitution expressly outlaws torture or cruel, inhuman or degrading treatment or punishment, the lack of legislation that criminalises abduction and enforced disappearances has created a gap in domestic law and fuelled impunity.
</blockquote>
ZHLR said the recent surge in reported cases of enforced disappearances, particularly targeting government critics, highlights the urgency for Zimbabwean authorities to establish a legal framework that prevents such grave human rights violations and ensures justice and redress for victims and their families. ZLHR also called upon both state and non-state actors to take effective measures in preventing enforced disappearances and holding the responsible parties accountable.
Several government critics, including opposition members and human rights defenders, have made claims of being abducted by suspected state security agents. Some notable cases include Itai Dzamara, a well-known activist advocating for political change, he was abducted in 2015 and has not been seen since.
Another one is Jestina Mukoko, a human rights activist and journalist. She was abducted in 2008 and held incommunicado for several weeks before being charged with plotting to overthrow the government. Tawanda Muchehiwa, a journalism student, was abducted in 2020 and allegedly tortured by suspected state security agents. Joana Mamombe, Cecilia Chimbiri, and Netsai Marova claimed that they were abducted by suspected state security agents in 2020 after participating in a protest and reportedly subjected to torture and sexual assault.
The government denies these allegations, claiming they are staged to tarnish its image. Authorities often attribute the abductions to a “third force” aiming to discredit the government. Some analysts argue that these abductions are intended to instil fear among government critics who expose human rights violations and mismanagement by the government.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

ZLHR Urges Zimbabwe To Criminalise Abductions And Enforced Disappearances

The Zimbabwe Lawyers for Human Rights (ZLHR) have formally requested an explanation from the Zimbabwe Prisons and Correctional Service (ZPCS) regarding the release of a convicted rapist from Harare Central Prison under a recent presidential amnesty order.
The individual in question, Bobby Makaza, who is 59 years old and resides in Murehwa in Mashonaland East province, was released from Harare Central Prison on 19 May 2023 as part of a presidential amnesty declared by President Emmerson Mnangagwa on 12 May 2023. The amnesty, which was aimed at reducing the prison population, benefited some inmates, including convicted sexual offenders, after President Mnangagwa gazetted Clemency Order No. 1 of 2023.
However, the ZLHR lawyers, Tinashe Chinopfukutwa and Paidamoyo Saurombe, acting on behalf of Makaza’s victim, have demanded a detailed explanation from ZPCS Commissioner-General Moses Chihobvu about the basis upon which Makaza qualified for amnesty and subsequent release from Harare Central Prison in terms of Clemency Order No. 1 of 2023. The lawyers have informed Chihobvu that Makaza had been convicted and sentenced to serve an effective 16-year prison term on 2 April 2019, after standing trial at Murehwa Magistrates Court in Mashonaland East province on a charge of rape as defined in section 65 of the Criminal Law (Codification and Reform) Act.
According to Chinopfukutwa and Saurombe, Makaza, being an inmate convicted of rape, which is a specified offence, was excluded from benefiting from the presidential amnesty in terms of section 12(d) as read with 13(c) of Clemency Order No.1 of 2023. The ZLHR lawyers have given Chihobvu until Friday 7 July 2023 to respond to their letter.
In the event that a court determines that the release of Bobby Makaza was illegal, the ZPCS may be compelled to re-incarcerate him, as well as any other individuals who were similarly released. The ZPCS had cited the reduction of prison overcrowding as the primary objective of the amnesty, which resulted in the release of 4,270 inmates. However, victims of violent crimes have expressed their dissatisfaction, stating that they were not consulted prior to the release of the perpetrators.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Human Rights Lawyers Question Release Of Rapist Under Presidential Amnesty Order

<a href="https://www.pindula.co.zw/Zimbabwe_Lawyers_for_Human_Rights"> Zimbabwe Lawyers for Human Rights (ZLHR)</a> have condemned bullying and censorship of journalists on social media in the wake of an Al Jazeera documentary which exposes gold smuggling and money laundering in Zimbabwe. In a statement seen by Pindula News, ZLHR said bullying journalists stifles them 
<blockquote>
<h2>ZLHR CONDEMNS BULLYING AND CENSORSHIP OF JOURNALISTS</h2>
ZIMBABWE Lawyers for Human Rights (ZLHR) strongly condemns the brazen bullying of journalists in a desperate attempt to undermine efforts to hold influential and powerful people accountable for their alleged misdemeanours and unduly limit freedom of expression and ultimately curtail access to information. In what amounts to a bizarre act of extraordinary intimidation, one faceless social media enthusiast, who identifies himself as Tinoedzazvimwe on micro-blogging website, Twitter, blatantly threatened media practitioners and labelled them as “reckless journalists” simply for reporting on the contents of a corruption-exposing documentary broadcast by Al Jazeera Investigative Unit and calling on those implicated to be held to account for their actions. 
The social media enthusiast chillingly warned journalists not to repeat and report what is contained in the documentary titled Gold Mafia, which according to Al Jazeera Investigative Unit, was recorded after the Infiltration of four gold smuggling gangs and reveals a giant money laundering and sanctions-evasion scheme in Southern Africa-and warned that some undisclosed “brickbats” would visit those who elect to do so.
There is no excuse to bully, intimidate, threaten, censure and endanger media practitioners. Such threats to journalists curtail freedom of expression and freedom of the media, which is one of the most fundamental rights guaranteed in section 61 of the Constitution and also stifles access to information, which is enshrined in section 62 of the Constitution and all of which are vital to a functioning democracy. 
ZLHR is convinced that this stifling of journalists by some self-important gatekeepers, who are desperate to defend and please some authorities, is a failed attempt to stop the publication and consumption of perceived offensive media reports, which apparently reflect the flow of corruption in Zimbabwe. 
Such gatekeepers need to understand that suppressing journalists will neither change people’s opinions nor generate public support for the commission of corrupt activities. 
It is no coincidence that the intimidation of journalists is being done in the run-up to general elections. 
Bullying of journalists not only puts the lives of journalists in danger but also makes it difficult for journalists to do their work freely. 
This pattern of repression of journalists is not new in Zimbabwe, and ZLHR has, over the years, documented numerous violations by senior government employees and gatekeepers of the late Robert Mugabe and his successor President Emmerson Mnangagwa. 
ZLHR is appalled by the audacity with which journalists are being attacked, and government should not protect authorities or public figures from criticism. Still, it should instead promote space for public debate and free expression in the face of shocking revelations of corruption linked to the pillaging of the country’s natural resources. 
It is worrying to see the space for dissent and providing information of public importance rapidly shrink in Zimbabwe, yet freedom of expression is a cornerstone of democratic rights and freedoms. 
Zimbabwean journalists have faced severe obstacles to executing their professional work for several years, including threats, harassment, intimidation, assault, arbitrary arrest, detention, prosecution and abduction. It is time to dismantle continued impunity.
 Zimbabwean authorities must bring those responsible for the shameless attacks on media practitioners to justice and ensure that all journalists can do their jobs without fear of intimidation or reprisals. 
ZLHR is concerned that this case of threats to the life and safety of journalists could be facilitated by, and form part of, a broader climate of intolerance towards free speech in Zimbabwe. The bullying of media practitioners shows further proof of direct attacks on the civic space in Zimbabwe. 
It comes at a time when Zimbabwe is already hogging the spotlight for all the wrong reasons after introducing retrogressive amendments to the Private Voluntary Organisations Amendment Bill and introducing so-called patriotism provisions amendments in the Criminal Law (Codification and Reform) Act, which have the effect of curtailing and stifling the operations of non-governmental organisations. 
Although Zimbabwe was removed from the ‘Grey List’ by the Financial Action Task Force in March 2022, the country risks severe consequences if the government does not promptly and adequately address these money laundering allegations. Especially given that such allegations arise barely one year after Zimbabwe was removed from the ‘Grey List’ by the global money laundering and terrorist financing watchdog.
</blockquote>
<h2><a href="https://zero.pindula.co.zw/">More Pindula News</a></h2>

Zimbabwe Lawyers For Human Rights Condemn Bullying Of Journalists

The <a href="https://www.pindula.co.zw/Zimbabwe_Lawyers_for_Human_Rights">Zimbabwe Lawyers for Human Rights (ZLHR)</a>, a not-for-profit human rights organization which seeks to foster a culture of human rights in Zimbabwe, has condemned the police for assaulting a Harare-based human rights lawyer. 
ZLHR speaks after reports that Kudzai Kadzere was assaulted with “truncheons and fists” on Saturday while he was attending to opposition Citizens Coalition for Change (CCC) <a href="https://zero.pindula.co.zw/just-in-amos-chibaya-and-other-ccc-leaders-arrested/">officials who were detained at Budiriro 2 Police Station</a>.
<ul>
<li><a href="https://zero.pindula.co.zw/just-in-amos-chibaya-and-other-ccc-leaders-arrested/">Just In: Amos Chibaya And Other CCC Leaders Arrested</a></li>
<li><a href="https://zero.pindula.co.zw/lawyer-beaten-lsz-criticises-police-for-taking-front-row-seat-to-violate-rights-of-all-citizens/">Lawyer Beaten: LSZ Criticises Police “For Taking Front-row Seat To Violate Rights Of All Citizens”</a></li>
<li><a href="https://zero.pindula.co.zw/lawyer-badly-beaten-arrested-while-attending-to-arrested-ccc-officials-mahere/">“Lawyer Badly Beaten, Arrested While Attending To Arrested CCC Officials” – Mahere</a></li>
</ul>
Kadzere spoke to the Law Society of Zimbabwe (LSZ) and confirmed the assault. 
In a statement seen by Pindula News, ZLHR Kadzere sustained a fractured hand. Reads the statement:
<blockquote>
In Zimbabwe, this is how Zimbabwe Republic Police (ZRP) treat legal practitioners. Our member lawyer Kudzai Kadzere sustained some injuries including a fractured hand after he was ambushed by about 40 police officers in Budiriro high-density suburb &amp; was heavily assaulted, when he went to Budiriro Police Station to represent his clients, who had been arrested by the Zimbabwe Republic Police (ZRP). Police officers used truncheons &amp; fists to assault the human rights lawyer.
</blockquote>
Over the years, police have been criticised for brutality against members of the opposition and government critics.
<h2><a href="https://zero.pindula.co.zw/">More Pindula News</a></h2>

ZLHR: "Police Officers Used Truncheons And Fists To Assault The Human Rights Lawyer"

The Zimbabwe Lawyers for Human Rights (ZLHR) has raised concern over the “continued use” of laws which criminalise insulting or undermining the authority of the President. In a statement seen by Pindula News, ZLHR said section 33 of the Criminal Law (Codification and Reform) Act should be repealed. We present the statement below:
<blockquote>
<h2>ZLHR CONDEMNS CONTINUED USE OF INSULT LAWS TO SILENCE CITIZENS</h2>
Zimbabwe Lawyers for Human Rights (ZLHR) notes with concern the continued use of section 33 of the Criminal Law (Codification and Reform) Act, which criminalises insulting or undermining the authority of the President against citizens who express themselves on matters to do with or connected with the President. 
In recent months, ZLHR has recorded several cases of individuals arrested and prosecuted on allegations of “insulting-President Emmerson Mnangagwa. Over the years, ZLHR has called for the repeal of this draconian provision, which has long been used to stifle freedom of expression and punish those perceived to be political enemies of the President. 
The crime of insulting the President has its roots in the country’s colonial past. It is a re-enactment of section 16 of the <a href="https://www.pindula.co.zw/Public_Order_and_Security_Act">Public Order and Security Act (POSA)</a>, and the repressive colonial Law and Order (Maintenance) Act (LOMA) of 1960, which was used by the colonial regime to suppress civil unrest as the liberation struggle intensified. LOMA was especially used to restrict the right to freedom of expression and the right to protest against the colonial regime. When Zimbabwe attained its independence in 1980, the provision was retained and is now increasingly being used against critics of the post-colonial government. 
ZLHR is concerned that section 33 of the Criminal Law (Codification and Reform) Act violates the rights to freedom of expression and freedom of the media protected under section 61 of the Constitution. The provision also violates Article 9 of the African Charter on Human and Peoples Rights. Article 19 of the Universal Declaration of Human Rights and Article 19 of the International Covenant on Civil and Political Rights. This piece of legislation has no place in a just and free Zimbabwe 42 years after the attainment of independence.
While Section 33 of the Criminal Law (Codification and Reform) Act is often justified under the pretext of protecting the dignity of the office of the President, such justification should not be allowed to take away the rights of citizens to express their views – whether positive or negative – of their President. The protection of the dignity of the President is not a legitimate justification in a constitutional democracy, where citizens are allowed to express criticism and opinion on any issues related to public figures and political affairs. As Zimbabwe draws closer to the 2023 harmonised elections, ZLHR is concerned with the trend of unrelenting use of the crime of insulting the President to muzzle citizens from expressing opinions, both online and offline, on political affairs.
In light of these concerns, ZLHR urges government to: 
• Repeal section 33 of the Criminal Law (Codification and Reform) Act; 
• Drop all pending criminal charges brought against individuals under section 33 of the Criminal Law (Codification and Reform) Act; 
• Raise awareness among public officials, including law enforcement officials, prosecutors, the judiciary and others, of the requirement that public figures should tolerate a higher degree of criticism; 
• Comply with the obligations to promote, respect, protect and fulfil the right to freedom of expression under the Constitution, the African Charter on Human and Peoples’ Rights, the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.
</blockquote>
<h2><a href="https://zero.pindula.co.zw/">More Pindula News</a></h2>

FULL TEXT: Lawyers Condemn "Continued Use Of Insult Laws To Silence Citizens"

The presence of civil servants at the ZANU PF Congress has raised eyebrows with some observers saying it is a violation of the national Constitution of 2013.
The 7th ZANU PF National People’s Congress <a href="https://zero.pindula.co.zw/7th-zanu-pf-national-peoples-congress-today/">commenced</a> on Wednesday, 26 October with a meeting of the Politburo followed by a Central Committee meeting on Thursday before the official opening on Friday. It is scheduled to end on Saturday 29 October 2022.
Roselyn Hanzi, a lawyer employed by Zimbabwe Lawyers for Human Rights (ZLHR) in Harare, expressed concern over the presence of civil servants at the event. In a social media post seen by Pindula News, Hanzi said:
<blockquote>
This probably explains why we were called Rogue NGOs. Africa can only move forward when we completely eradicate Conflation of Political Party &amp; Government. Civil servants must separate their political party interests from their national duties. So what does the 2013 Constitution say about conduct of Civil Servants? Sec 200(3)(a-b) says they must not further interests of any political party &amp; act in a non-partisan manner.
</blockquote>
Civil servants who were present at the event include Nick Mangwana, the Permanent Secretary of Information, Publicity and Broadcasting Services.
Other notable faces at the ruling party festival yesterday included Civil Service Commission chairperson Vincent Hungwe, Chief Secretary to the President and Cabinet Misheck Sibanda, directors and parastatal heads, among others.
Mangwana yesterday defended their presence. He said, “They have been invited to the congress of a political party to help us understand their policy thrusts which we have to implement in government,” according to NewsDay.
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Presence Of Civil Servants At ZANU PF Congress Raises Eyebrows

Zimbabwe Lawyers for Human Rights (ZLHR) has criticised the ruling ZANU PF for <a href="https://zero.pindula.co.zw/police-speak-on-matobo-inter-party-violence-between-zanu-pf-and-ccc/">the violence</a> which is targeted at members of the opposition Citizens Coalition for Change (CCC). In a statement seen by Pindula News, ZLHR said ZANU PF’s behaviour was “unacceptable, violent, inhuman, dehumanising and degrading.” Reads the statement:
<blockquote>
<h2>ZLHR CONDEMNS RESURGENT POLITICAL VIOLENCE</h2>
ZIMBABWE Lawyers for Human Rights (ZLHR) condemns in the strongest terms, the barbaric conduct of some ruling ZANU PF party supporters who unleashed violence on opposition Citizens Coalition for Change (CCC) party supporters in Matobo in Matabeleland South province. On Sunday 16 October 2022. several CCC party supporters sustained injuries after they <a href="https://zero.pindula.co.zw/police-speak-on-matobo-inter-party-violence-between-zanu-pf-and-ccc/">were assaulted and roughed</a> up by some ZANU PF party supporters who they encountered while preparing for a local authority by-election for Ward 2 in Matobo in Matabeleland South province scheduled for 22 October 2022.
Some women were indecently abused, as they were forced to undress, by the ZANU PF party supporters. Several vehicles and houses were also damaged while some goods were reported to have been looted at a local shop and at a homestead.
ZLHR condemns this unacceptable, violent, inhuman, dehumanising and degrading treatment of people which has no place in a civilised society. The deplorable acts of violence by supporters of ZANU PF party are extremely concerning considering that they are happening ahead of general elections scheduled for 2023. Violence has no place in an aspiring democracy and is a monumental threat to the peaceful co-existence of all Zimbabwean citizens and such acts by some misguided political party supporters threaten Zimbabwe’s democratic trajectory. Tolerance towards people who hold differing political views and utmost respect for fundamental rights and freedoms of everyone by all members of society is key to achieving a thriving democracy. Section 52(a) of the Constitution guarantees everyone the right to be free from all forms of violence while section 155 of the Constitution also prescribes that electoral processes must be free from violence and other electoral malpractices. 
The acts of <a href="https://zero.pindula.co.zw/update-on-insiza-violence-scores-injured-as-zanu-pf-storms-ccc-rally/">violence perpetrated</a> by ZANU PF party supporters on CCC party members contravene these constitutional provisions and are a malicious disregard for fundamental rights and freedoms such as the right to life, the right to human dignity, the right to personal security. freedom of assembly and association and political rights. In recent months and weeks, ZLHR has also noted rising incidents of political violence across the country where opposition political party supporters have been subjected to wanton violence. This onslaught bears all the hallmarks of a pre-meditated attack, which is aimed at intimidating political contestants and their supporters and block them from accessing potential voters and constituents.
The actions of ZANU PF party supporters fly in the face of contents of a report released during the United Nations Human Rights Council’s 50,’ session by Clement Nyaletsossi Voule, the Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association. who raised concerns about the violation and curtailment of freedoms of association. peaceful assembly and expression and asked government to take measures consistent with his recommendations produced through his country visit to Zimbabwe. 
Sadly. the perpetration of violence by some ZANU PF supporters comes some few days after Zimbabwe recently joined the world to commemorate the International Day of Non-Violence, which is a global observance that promotes non-violence. The unprecedented levels of polarisation can only be addressed when there is political will from leaders of offending political parties. who must preach tolerance, diversity of political beliefs and thought and decisively dissuade their supporters from resorting to barbaric and stone-age tactics of settling perceived political differences. To stem the culture of violence, ZLHR calls upon;
 • ZANU PF party supporters to shun political violence and all forms of intolerance towards members of different political parties:
• Leaders and members of ZANU PF party to condemn and desist from all violent activities and to inculcate a culture of tolerance and non-violence in settling disputes:
• Zimbabwe Republic Police to urgently and thoroughly investigate the acts of violence that took place in Matobo and all other incidences of political violence across the country and bring perpetrators of violence to account irrespective of their political party affiliation. 
</blockquote>
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Human Rights Lawyers Criticise ZANU PF For Violence Against CCC Members

The Zimbabwe Lawyers for Human Rights (ZLHR) has urged the government to implement recommendations by the African Commission on Human Rights. Pindula News presents the statement below:
<blockquote>
<h2>ZLHR URGES THE GOVERNMENT TO IMPLEMENT THE RECOMMENDATIONS OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES RIGHTS (ACHPR) AS PROVIDED IN THE CONCLUDING OBSERVATIONS AND RECOMMENDATIONS ON THE GOVERNMENT OF ZIMBABWE’S COMBINED REPORTS FROM 20072019. AND 2008-2019 RESPECTIVELY</h2>
Zimbabwe Lawyers for Human Rights (ZHLR) urges the Government of Zimbabwe (GoZ) to widely disseminate the ‘Concluding Observations and Recommendations’ that were proposed by the African Commission on Human and People’s Rights (ACHPR) in the Gambia during the 69th Ordinary Session of the ACHPR. The GoZ must adopt the recommendations and fully implement them.
During the 69th Ordinary Session of the ACHPR held from 15 November to 5 December 2021, the ACHPR adopted its Concluding Observations and Recommendations on the Implementation of the African Charter on Human and Peoples’ Rights (2007, 2019) and the initial Report on the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (2008, 2019). These concluding observations and recommendations have since been uploaded on the ACHPR’s website.
In its concluding observations, the ACHPR acknowledged that several developments had taken place in Zimbabwe during the years under review. These include the extent to which government reported on the measures taken to promote and protect human and peoples’ rights, including the legislative, administrative and judicial measures to comply with Zimbabwe’s obligations under the African Charter on Human and Peoples’ Rights (the African Charter) ratified by Zimbabwe in 1986 as well as the Maputo Protocol. The adoption of the 2013 Constitution was commended, including alignment of some of the laws to the Constitution and establishment of some institutions as provided in the supreme law.
Whilst acknowledging the efforts made by the government, which had submitted the combined reports to fulfil its overdue reporting obligations under the African Charter, the ACHPR noted that there were many areas that still needed to be addressed. The ACHPR raised areas of concern and also made numerous key recommendations on the measures needed to strengthen the enjoyment of human rights in Zimbabwe, as guaranteed by the African Charter, the Maputo Protocol as well as other relevant human rights instruments. These included (but is not limited to) the following areas; 
1) Ratification of outstanding human rights instruments. GoZ was encouraged to ratify a total of fifteen United Nations and African Union human rights instruments 
2) Death penalty, extra-judicial Wings and enforced disappearances. GoZ did not provide any data or statistics on this, the ACHPR also noted that the death penalty still exists. 
3) Prohibition of torture: This practice was not criminalised and there is no national data or a coordinated national independent mechanism to prevent torture. 
4) Freedom of expression: Absence of a law or policy protecting the right to access Internet services or social media platforms.
5) Freedom of assembly and association: No information was provided on how far GoZ had progressed in implementing the ACHPR Guidelines on Freedom of Assembly, and the report was silent on the status of implementation of the United Nations Declarations on Human Rights Defenders. Kigali Declaration and the Grand Bay Declaration. Some of these instruments play a critical role in outlining how rights such as the right to freedom of expression, association and assembly apply to human rights defenders. They also in clear terms, specify the obligations and responsibilities of states to protect human rights defenders and create enabling environments for human rights work. 
6) Social, economic and cultural rights: concerns were raised on 
&gt; Land tenure: Lack of information to address challenges of land tenure system, protection of workers in farming and domestic work. 
&gt; Social security: Lack of information on social security, health care services and pensions schemes for civil servants and private sector workers. 
&gt; Health services-. No information on measures to provide universal medical cover to Zimbabweans, particularly the most disadvantaged, and lack of information on access and affordability of life-saving surgeries. 
&gt;Education: Absence of information on impact of STEM and no information on addressing BEAM challenges. 
7) Women and Children’s Rights: concerns were raised on –
&gt; Ongoing harmful practices of early or forced marriage. o Prevalence of domestic and gender-based violence.
&gt; Challenge in achieving required female representation in the parliament and decision-making positions as provided by the Constitution. 
&gt; Lack of information on protecting women under customary law.
&gt; Challenges in accessing information and services on sexual and reproductive rights of women, especially in rural communities.
&gt; Lack of affordable health care for rural women.
&gt; Inability of women to access affordable housing due to low economic standing. 
 &gt; Challenges relating to child labour, trafficking and sexual exploitation. 
8) Persons with disabilities: report was silent on measures to combat discrimination and stigmatisation. 
9) Older persons: report was silent on measures to protect this demographic group. 
10) Other concerns were raised on issues of statelessness, refugees, extractive industries and the environment and further, the report did not provide adequate information on how the human rights institutions were financed and resourced.
The ACHPR then proceed to provide pertinent recommendations to address these challenges. ZLHR welcomes these recommendations.
However, ZLHR is perturbed that the GoZ introduced the Private Voluntary Organizations (PVO) Amendment Bill which if it becomes law. will result in a crackdown against civil society organisations (CSOs), human rights defenders (HRDs) and the closure of civic and democratic space. This law is in violation of the African Charter as well as the ACHPR Guidelines on Freedom of Assembly.
<h2>Ahead of the 73rd Ordinary session of the African Commission in October 2022, ZLHR urges GoZ to:</h2>
• Expeditiously undertake legislative and policy reforms to comply With its obligations under the African Charter and the Maputo Protocol and as recommended in the Concluding Observations and Recommendations of the ACHPR. 
• Fully implement the ACHPR Guidelines on Freedom of Assembly.
• Implement the recommendations of the United Nations Declarations, the Grand Bay and the Kigali Declarations. 
• Acknowledge the contributions, importance and rights of HRDs in a constitutional democracy through ensuring that fundamental rights are freely exercised in a manner that is consistent with the Constitution of Zimbabwe. 
• Cease arbitrary arrests, malicious prosecutions and pretrial detention of HRDs for their lawful human rights work. 
• Abandon the Private Voluntary Organisations Amendment Bill, 2021, and adopt legislation conducive to a less restrictive and more enabling operating environment for CSOs. 
</blockquote>
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ZLHR Urges Govt To Implement Recommendations By AU On Human Rights

The High Court on 26 September 2022 stopped Chipinge Rural District Council (CRDC) from confiscating and urbanising communal land belonging to some Chipinge villagers.
The villagers who were being represented by Zimbabwe Human Rights Lawyers’ Tariro Tazvitya approached the coach seeking an order to stop the local government authority from urbanising Kondo Communal Lands without following due process.
<h2>What transpired:</h2>
Some CRDC officials accompanied by those from the Department of Physical Planning, in November and December 2021, began surveying and pegging residential stands in Kondo Communal Lands in Chipinge without informing them about the process of urbanising the area.
The villagers then resorted to instituting legal action by filing an application at Mutare High Court on 16 May 2022 seeking an order to stop the CRDC’s move which they said was a violation of several of their constitutional rights
These rights include their right to property, their right to administrative justice and their right to information all guaranteed in the Constitution.
In the application, which was filed by their lawyer Tariro Tazvitya, the villagers argued that CRDC had not consulted them before undertaking the urbanisation process.
They said, resultantly, their concerns had not been considered in violation of the provisions of the Communal Lands Act, which stipulates the procedure in terms of which the urbanisation process must be done.
The villagers argued that urbanisation of their land has the effect of reducing the size of the land in which they are in occupation and asked the High Court to halt the process.
The Kondo villagers stated that they have inhabited Kondo Communal Lands since time immemorial, where they lead a communal way of life and rely on and carry out subsistence farming as a source of livelihood hence it would be unmanageable to survive in an urban setup as they have no capacity or the means to cope with the urban way of life.
In response to the villagers’ application, High Court Judge Justice Jester Helena Charewa recently barred CRDC from urbanising Kondo Communal Lands without following due process.
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High Court Stops Confiscation And Urbanisation Of Villagers' Communal Land

Zimbabwe Lawyers for Human Rights has released the following Africa Day statement in which they urged Zimbabwe to be tolerant to political diversity.
<blockquote> Lawyers for Human Rights (ZLHR) joins the rest of the continent in commemorating Africa Day with a call to the government of Zimbabwe to embrace diversity and fully democratise.
This year, Africa Day, which provides an opportunity to acknowledge the achievements of the peoples and governments of the continent for their efforts to build a better future, is commemorated under the theme “Silencing the Guns in Africa by Year 2020”.
The theme, which is a key pillar of Agenda 2063, seeks to achieve a conflict-free Africa, promote prevention, management and resolution of conflicts on the continent, prevent genocide, make peace a reality for all and rid the continent of wars, human rights violations and humanitarian disasters. It also requires African Union (AU) member states, including Zimbabwe to embrace and manage diversity, prevent and or address deficiencies in democracy.
The theme is apt in that silencing the guns is at the nexus of peace and development and it is not just about guns but it is about what drives people on the African continent to resort to armed conflict as a result of the underlying issues which African member states need to address.
In 2020, Zimbabwe joins the rest of Africa at a time when there are glaring deficiencies in democracy, and glaring intolerance to political diversity.
ZLHR remains concerned at the lack of political will by the state actors to fulfil the voluntary commitments made at the continental level as a signatory to a number of AU protocols and human rights instruments. Having accepted to be bound by the AU Constitutive Act, the African Charter on Human and Peoples’ Rights and the Protocol on Women’s Rights to the African Charter on Human and Peoples’ Rights, the government of Zimbabwe must play its part by respecting these treaty obligations to create a democratic society and contribute to ‘Silencing the Guns’ on the continent.
ZLHR remains concerned at the use of excessive force against unarmed civilians by security sector players, the continued perpetration with impunity of gross violations of civil and political rights. Equally disturbing is the lack of prioritisation and provision of adequate resources to ensure the progressive realisation of social and economic rights. 
This is more compelling during this Coronavirus pandemic era, which brings to the fore the negation of investing in the health sector, education sector and social security, condemning the majority of citizens to perpetual poverty. Coronavirus is not only a threat to our health, but a human crisis of multiple dimensions and poses challenges for Africans including Zimbabweans in the common goal of ‘Silencing the Guns’ on the continent.
ZLHR is also concerned that government is lagging behind in ratifying, domesticating and implementing some crucial instruments which could help prevent conflict in the country.
For Zimbabwe, since signing the African Charter on Democracy, Elections and Good Governance on 21 March 2018, government has not ensured that such a critical instrument becomes binding and is incorporated to become part of domestic law so as to promote democracy, good governance practice and a robust electoral process.
Apart from the African Charter on Democracy, Elections and Good Governance, ZLHR remains concerned that government has signed and shelved domestication of other critical instruments including the Protocol to Establish the African Court of Human and Peoples’ Rights, which seeks to enhance the protection of human rights on the continent among other continental and international protocols.
As an organisation which seeks to foster a culture of human rights, ZLHR will continue to demand and push for domestication and implementation of instruments which strengthen peace, security and build a conflict-free Africa.
ZLHR calls upon the government of Zimbabwe to play its part focusing in particular on addressing the underlying root-causes of conflict, and take concrete steps to implement the much needed legislative, and institutional reforms to enhance democracy.</blockquote>
Source: <a href="https://m.facebook.com/story.php?story_fbid=2838911652903346&amp;id=724376581023541&amp;anchor_composer=false">Facebook</a>

FULL TEXT: On Africa Day, Embrace Diversity & Democratize Zimbabwe - ZLHR Africa day Message

Zimbabwe Lawyers for Human Rights have on the World Water Day called upon the central government and local government authorities to establish plans which will help mitigate the impact of climate change.
The organisation observes that climate change was threatening the enjoyment of certain human rights including the right to water, food, life and health.
Read the full statement below.
<img alt="" class="media-img" data-maxheight="576" data-maxwidth="407" decoding="async" src="https://pbs.twimg.com/media/ETtZ0ITXYAEhcDk?format=jpg&amp;name=large"/>

FULL TEXT: Human Rights Lawyers Statement On World Water Day

<blockquote>ZLHR STATEMENT IN COMMEMORATION OF AFRICA HUMAN RIGHTS DAY
ON the occasion of Africa Human Rights Day on 21 October, Zimbabwe Lawyers for Human Rights (ZLHR) stands in solidarity with human rights defenders who are languishing in detention in Tanzania and calls upon African governments to foster a culture of respect for human rights on the continent.
Commemorated annually on 21 October, Africa Human Rights Day, which is set aside by the African Union, is a continental enunciation of human rights to reflect upon the entry into force in 1986 of the African Charter on Human and Peoples’ Rights (“the African Charter”).
As we commemorate Africa Human Rights Day, ZLHR remembers and honours all those who laid down their lives fighting for the emancipation of the oppressed majority on the continent and in Zimbabwe to realise the inherent dignity of each and every African and Zimbabwean citizen.
However, ZLHR is perturbed by the insincerity and the lack of the commitment by African leaders to respect, promote and protect human rights on the continent, which reached a new low on the eve of Africa Human Rights Day as Tanzanian authorities detained 13 human rights defenders (HRDs) including some lawyers who were attending a meeting in the capital Dar es Salaam. Although the 13 were initially released, they were re-arrested by police on 20 October 2017. Media reports say Dar es Salaam police head Lazaro Mambosasa told journalists during a media briefing that the 13 people were arrested and detained for allegedly promoting homosexuality.
The arrest and detention of the human rights defenders is a shameful attempt to stifle fundamental and constitutionally guaranteed freedoms and rights such as freedom of expression, assembly association guaranteed in the Tanzanian Constitution and is an abuse of laws by the Tanzanian authorities.
More worrying to ZLHR is the arrest and detention of lawyers, which we consider to be a concerted effort to prevent legal practitioners from exercising their legitimate rights to represent their clients without any interference or hindrance. Such association of lawyers with the causes of their clients is deplorable.
In Zimbabwe, ZLHR, whose mandate is to foster a culture of human rights and respect for the rule of law in Zimbabwe and throughout the region is gravely concerned by the erosion and restriction in the enjoyment of fundamental freedoms and rights despite the adoption of a new Constitution four years ago.
Citizens continue to be seized with blatant violations of social and economic rights with State actors at the forefront of fuelling violations of the right to shelter and the right to work.
With many Zimbabweans now resorting to informal trading as a source of livelihood, this occupation has been beset with numerous challenges regarding regulation. 
ZLHR is worried by the brutality faced by informal traders in urban areas and the arbitrary deprivation of property.
ZLHR reiterates the need for the government to reflect on its shortcomings in relation to adherence to the African Charter on Human and Peoples’ Rights and its obligations to implement recommendations from the African Commission on Human and People’s Rights (ACHPR), which is a body of African specialists in human rights chosen by African governments themselves.
With elections set for 2018, ZLHR is worried that the government continues to procrastinate in implementing recommendations of the African Union organs such as the ACHPR, which in 2013 delivered a landmark ruling directing the government to allow its citizens in the diaspora to vote in national elections.
This urgently calls for the government to ensure that the right to vote for all citizens is upheld, speed up electoral reforms and the creation of a conducive electoral environment that guarantees the respect and enjoyment of universal suffrage and fundamental freedoms. 
Therefore, ZLHR calls upon the government to; 
• Fulfill obligations under the African Charter on Human and Peoples’ Rights; 
• Speed up the process of harmonising laws with the Constitution and regional and international human rights instruments. 
• Ratify, domesticate and implement the African Charter on Democracy, Elections and Good Governance (The Charter) ahead of the 2018 elections.
Zimbabwe Lawyers for Human Rights 
Kodzero/Amalungelo House 
No. 98 Baines Avenue, Harare, Zimbabwe 
Phone: (+263 8677005347, +263 4 764085/705370/708118 
Email: info@zlhr.org.zw 
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